EEA2 Application refused and need helps with appeal

[askme]

Hello people

i seriously need your urgent guidance in sending through my appeal application.

firstly i will give you a summary of the whole process.


i submitted EEA2 application feb 6
COA: received march 3
waited over 6months for the RC and didn't arrive

i requested for my passport back Aug 22 and finally have my passport back sept 6

The EEA2 Application was refused, i noticed the application was treated sept 5.


THE REFUSAL REASONS ARE BELOW:

1. You have failed to produce a valid marriage certificate.

The marriage certificate submitted was Ghanian Customary Marriage by proxy.


1. The home office claim this was invalid because the Ghana law says it should be register within three months, however, there is amended law of the same customary law that says this registration is voluntary which home office acknowledge.

2. Also they claim the same law that govern the customary marriage requires the statutory declaration that comes with the marriage certificate should show the residence of bride and groom at the time of the marriage, but mine statutory didn't according to them .Therefore, the marriage isn't valid and they can't issue RC. But i see these claims as NONSENSE because;

The said marriage certificate does include two schedule under which 'The first schedule is ''Form of register customary marriage which indicate the residence of husband and wife as UK at the time of the customary marriage and the second schedule which is the ;


NOTICE OF REGISTRATION OF CUSTOMARY MARRIAGE OR DISSOLUTION OF CUSTOMARY MARRIAGE

under which there is a column which says Place(s) of residence of parties and the address in Ghana is put there.

so i see no reason why they should refuse the application on these basis.



i have been given these options to appeal under;


1 That the decision is not in accordance with the immigration rules

2. That the decision is unlawful because it racially discriminates against you

3. That the decision breaches rights which you have as a member of the an EEA national's family under the communities treaties relating to entry or residence in United Kingdom.


4. That a discretion under the immigration rules should have been exercised differently



5. That the decision is otherwise not in accordance with the law.



Questions;

1. which is most appropriate to argue the case against?

2. Do you think i need a lawyer to handle this and if yes, can you recommend some reliable ones please?


3. Also is there anyone who has gone through this similar issues? please advise on the best way to go about it.



i have less than 10days now to submit the appeal and in the form given by the home office it says i should tick a box if i am using a representative, witness etc

Does this box relevant even if i chose to go with myself or someone different other than what i tick?



i will be much grateful for your reply guys.


Thanks in advance.

[EUsmileWEallsmile]

I am moving this to the EEA section.

[Obie]

You should proceed with the appeal then.

You can do it online and pay online, and then send receipt and notice of decision by post. I find it much easier doing the online appeal. It is much quicker, and easily processed.

[Yehowa]

Hello I have a similar case my HO claims that my statutory declaration accompanying the registration of marriage does not state the places of residence for either myself and EU spouse. The reason of refusal is ridiculous because the said statutory declaration before them in paragraph three clearly states our UK address of residence at the time of marriage. They are jokes. I have written reconsideration letter request to them pointing out the error and drawing their attention to the paragraph where they can find the claimed missing information which is definately not true because the evidence was before them and that it might be an oversight on the part of the decision maker but for 4 months no response from them to even say yes we are right or wrong. I have appealed against this wrong decision and waiting fro hearing.

Hope it helps

Hello people

i seriously need your urgent guidance in sending through my appeal application.

firstly i will give you a summary of the whole process.


i submitted EEA2 application feb 6
COA: received march 3
waited over 6months for the RC and didn't arrive

i requested for my passport back Aug 22 and finally have my passport back sept 6

The EEA2 Application was refused, i noticed the application was treated sept 5.


THE REFUSAL REASONS ARE BELOW:

1. You have failed to produce a valid marriage certificate.

The marriage certificate submitted was Ghanian Customary Marriage by proxy.


1. The home office claim this was invalid because the Ghana law says it should be register within three months, however, there is amended law of the same customary law that says this registration is voluntary which home office acknowledge.

2. Also they claim the same law that govern the customary marriage requires the statutory declaration that comes with the marriage certificate should show the residence of bride and groom at the time of the marriage, but mine statutory didn't according to them .Therefore, the marriage isn't valid and they can't issue RC. But i see these claims as NONSENSE because;

The said marriage certificate does include two schedule under which 'The first schedule is ''Form of register customary marriage which indicate the residence of husband and wife as UK at the time of the customary marriage and the second schedule which is the ;


NOTICE OF REGISTRATION OF CUSTOMARY MARRIAGE OR DISSOLUTION OF CUSTOMARY MARRIAGE

under which there is a column which says Place(s) of residence of parties and the address in Ghana is put there.

so i see no reason why they should refuse the application on these basis.



i have been given these options to appeal under;


1 That the decision is not in accordance with the immigration rules

2. That the decision is unlawful because it racially discriminates against you

3. That the decision breaches rights which you have as a member of the an EEA national's family under the communities treaties relating to entry or residence in United Kingdom.


4. That a discretion under the immigration rules should have been exercised differently



5. That the decision is otherwise not in accordance with the law.



Questions;

1. which is most appropriate to argue the case against?

2. Do you think i need a lawyer to handle this and if yes, can you recommend some reliable ones please?


3. Also is there anyone who has gone through this similar issues? please advise on the best way to go about it.



i have less than 10days now to submit the appeal and in the form given by the home office it says i should tick a box if i am using a representative, witness etc

Does this box relevant even if i chose to go with myself or someone different other than what i tick?



i will be much grateful for your reply guys.


Thanks in advance.

[Yehowa]

I know a solicitor who can help and currently handling my own.

Hello I have a similar case my HO claims that my statutory declaration accompanying the registration of marriage does not state the places of residence for either myself and EU spouse. The reason of refusal is ridiculous because the said statutory declaration before them in paragraph three clearly states our UK address of residence at the time of marriage. They are jokes. I have written reconsideration letter request to them pointing out the error and drawing their attention to the paragraph where they can find the claimed missing information which is definately not true because the evidence was before them and that it might be an oversight on the part of the decision maker but for 4 months no response from them to even say yes we are right or wrong. I have appealed against this wrong decision and waiting fro hearing.

Hope it helps

Hello people

i seriously need your urgent guidance in sending through my appeal application.

firstly i will give you a summary of the whole process.


i submitted EEA2 application feb 6
COA: received march 3
waited over 6months for the RC and didn't arrive

i requested for my passport back Aug 22 and finally have my passport back sept 6

The EEA2 Application was refused, i noticed the application was treated sept 5.


THE REFUSAL REASONS ARE BELOW:

1. You have failed to produce a valid marriage certificate.

The marriage certificate submitted was Ghanian Customary Marriage by proxy.


1. The home office claim this was invalid because the Ghana law says it should be register within three months, however, there is amended law of the same customary law that says this registration is voluntary which home office acknowledge.

2. Also they claim the same law that govern the customary marriage requires the statutory declaration that comes with the marriage certificate should show the residence of bride and groom at the time of the marriage, but mine statutory didn't according to them .Therefore, the marriage isn't valid and they can't issue RC. But i see these claims as NONSENSE because;

The said marriage certificate does include two schedule under which 'The first schedule is ''Form of register customary marriage which indicate the residence of husband and wife as UK at the time of the customary marriage and the second schedule which is the ;


NOTICE OF REGISTRATION OF CUSTOMARY MARRIAGE OR DISSOLUTION OF CUSTOMARY MARRIAGE

under which there is a column which says Place(s) of residence of parties and the address in Ghana is put there.

so i see no reason why they should refuse the application on these basis.



i have been given these options to appeal under;


1 That the decision is not in accordance with the immigration rules

2. That the decision is unlawful because it racially discriminates against you

3. That the decision breaches rights which you have as a member of the an EEA national's family under the communities treaties relating to entry or residence in United Kingdom.


4. That a discretion under the immigration rules should have been exercised differently



5. That the decision is otherwise not in accordance with the law.



Questions;

1. which is most appropriate to argue the case against?

2. Do you think i need a lawyer to handle this and if yes, can you recommend some reliable ones please?


3. Also is there anyone who has gone through this similar issues? please advise on the best way to go about it.



i have less than 10days now to submit the appeal and in the form given by the home office it says i should tick a box if i am using a representative, witness etc

Does this box relevant even if i chose to go with myself or someone different other than what i tick?



i will be much grateful for your reply guys.


Thanks in advance.

[askme]

Thanks guys for your response

can you please give me the solicitor contact details?

Also I'm running out of time on the deadline given to submit my appeal.

Do you think is wise to just submit the appeal now and then look for solicitor?

and also does it matter where if evidence i said I'm gong to bring on the appeal form differs?


my Parter doesn't speak English too well, but she speaks, is it right to tick the box where they said if interpreter is needed?

or will it affect my appeal.


i look forward to hearing from you

thanks

[Tarkoradi boy Gh]

The same reason but we have to get in touch as soon as possible. we can work together, i have done a lots of research on this and i think i can help you. i have untill friday 20th to submit my appeal. inbox me ur number.

[Obie]

Thanks guys for your response

can you please give me the solicitor contact details?

Also I'm running out of time on the deadline given to submit my appeal.

Do you think is wise to just submit the appeal now and then look for solicitor?

and also does it matter where if evidence i said I'm gong to bring on the appeal form differs?


my Parter doesn't speak English too well, but she speaks, is it right to tick the box where they said if interpreter is needed?

or will it affect my appeal.


i look forward to hearing from you

thanks

In this kind of cases, i don't believe the assistance of a Solicitor may be required, as it seems like a straightforward issue. The law seem pretty settled on this matter.

[Yehowa]

How do we get together on this matter.

[Yehowa]

Hello Obie, Thank you for valuable support in this forum. Do you think in these cases, HO could raise different issue (s) apart from the issue before the tribunal at hearing (reason of refusal in the refusal notice)

[askme]

Thanks for your valuable information Obie. i have submitted the appeal online and under the section3.. B of the form which ask if am sending any other documents to support my appeal, i have put there that i will put the copy of the marriage certificate

and Section 3 of the C that ask for any other documents that are not available to me yet, i have left that blank

i hope this is fine?


Also is it compulsory i send the notice of refusal before the 10 working days deadline given for the submission of the appeal or i can send it after that day.?

[Quame]

How are the appeals going guys? I have ran into the same problem with my application.

The HO refused the application and said the STATUTORY DECLARATION that accompanied the Marriage Certificate didn't reference the address of the parties(husband and wife?) as there's a provision under the Ghanaian Customary Marriage and Divorce (Registration) Law 1985 (CMDRA) that says such Statutory Declarations "shall" include the address of the "parties".

However, I have noted that, the Statutory Declaration clearly rather referenced the declarants (representatives of the husband and wife) in Ghana's address.

The Marriage Certificate though have the place of residence for the parties(husband and wife) as UK, which i believe is OK... the only problem is the statutory declaration NOT showing the place of residence for the husband and wife, but the rather representatives.

In effect, the HO based the refusal on the statutory declaration not showing the place of residence of the parties(husband and wife).

The HO used to grant RCs based on that same Statutory declaration format in time past though. It looks like they are doing their best to refuse people based on that trivial matter.

Guys, anyway i could argue my case?

UKBA Guidance of Ghanaian Customay Marriages: (Section 15.5) : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Another UKBA Guidance: (Section 3.3): http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Quame]

Any of the Gurus here can help us with any info on this? The OP and the other contributors on this thread, how is it going with your respective solicitors and/or appeals?

Cheers.

[Obie]

I believe the best solution is to appeal against the decision, as most caseworkers seem to get bogged down by which of these marriage is legal and which is not.

[Davmck70]

How are the appeals going guys? I have ran into the same problem with my application.

The HO refused the application and said the STATUTORY DECLARATION that accompanied the Marriage Certificate didn't reference the address of the parties(husband and wife?) as there's a provision under the Ghanaian Customary Marriage and Divorce (Registration) Law 1985 (CMDRA) that says such Statutory Declarations "shall" include the address of the "parties".

However, I have noted that, the Statutory Declaration clearly rather referenced the declarants (representatives of the husband and wife) in Ghana's address.

The Marriage Certificate though have the place of residence for the parties(husband and wife) as UK, which i believe is OK... the only problem is the statutory declaration NOT showing the place of residence for the husband and wife, but the rather representatives.

In effect, the HO based the refusal on the statutory declaration not showing the place of residence of the parties(husband and wife).

The HO used to grant RCs based on that same Statutory declaration format in time past though. It looks like they are doing their best to refuse people based on that trivial matter.

Guys, anyway i could argue my case?

UKBA Guidance of Ghanaian Customay Marriages: (Section 15.5) : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Another UKBA Guidance: (Section 3.3): http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Guys,
What you have failed to recognise is the fact that the HO will continue to refuse applicants due to any reasons they deem necessary. That i can explain because i went through a big step to get to this conclusion. They consider applications closed and treated once they refuse and throw it all out to appeal for the judges to deal with. This is due to the HO recruiting folks without brains (discretion) and also vastly illiterates.
The ice on it is that the new immigration bill suggests that 80% of cases from now onwards will not be allowed appeal which means applicants are at the mercy of the Caseworkers who lack experience and have little or no training.

My advice to anyone going through an appeal process or about to apply is make sure they adhere strictly to the regulations, make copies of all documentations sent to HO and more importantly ensure they have a good professional solicitor to defend their case. I am a testimony as I have seen the worst of HO and they eventually withdrew a case that had been pending for 2 solid years.
Every case they brought forward was well defended by my solicitor and also myself by providing more than sufficient evidences and most of all God's grace and favour.

[Quame]

I believe the best solution is to appeal against the decision, as most caseworkers seem to get bogged down by which of these marriage is legal and which is not.

Thanks Obie... a paper appeal has been filed. Those guys even conveniently ignored a letter of attestation from the Ghana High commission in the UK, certifying all the docs(marriage certificate, statutory declaration etc.) as genuine and thus complying with the right procedures.

[Quame]

How are the appeals going guys? I have ran into the same problem with my application.

The HO refused the application and said the STATUTORY DECLARATION that accompanied the Marriage Certificate didn't reference the address of the parties(husband and wife?) as there's a provision under the Ghanaian Customary Marriage and Divorce (Registration) Law 1985 (CMDRA) that says such Statutory Declarations "shall" include the address of the "parties".

However, I have noted that, the Statutory Declaration clearly rather referenced the declarants (representatives of the husband and wife) in Ghana's address.

The Marriage Certificate though have the place of residence for the parties(husband and wife) as UK, which i believe is OK... the only problem is the statutory declaration NOT showing the place of residence for the husband and wife, but the rather representatives.

In effect, the HO based the refusal on the statutory declaration not showing the place of residence of the parties(husband and wife).

The HO used to grant RCs based on that same Statutory declaration format in time past though. It looks like they are doing their best to refuse people based on that trivial matter.

Guys, anyway i could argue my case?

UKBA Guidance of Ghanaian Customay Marriages: (Section 15.5) : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Another UKBA Guidance: (Section 3.3): http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Guys,
What you have failed to recognise is the fact that the HO will continue to refuse applicants due to any reasons they deem necessary. That i can explain because i went through a big step to get to this conclusion. They consider applications closed and treated once they refuse and throw it all out to appeal for the judges to deal with. This is due to the HO recruiting folks without brains (discretion) and also vastly illiterates.
The ice on it is that the new immigration bill suggests that 80% of cases from now onwards will not be allowed appeal which means applicants are at the mercy of the Caseworkers who lack experience and have little or no training.

My advice to anyone going through an appeal process or about to apply is make sure they adhere strictly to the regulations, make copies of all documentations sent to HO and more importantly ensure they have a good professional solicitor to defend their case. I am a testimony as I have seen the worst of HO and they eventually withdrew a case that had been pending for 2 solid years.
Every case they brought forward was well defended by my solicitor and also myself by providing more than sufficient evidences and most of all God's grace and favour.

So your RC has been granted(issued)? It's just unbelievable how of the caseworkers act. I guess the word discretion is not part of their vocabulary.

[Obie]

I believe the best solution is to appeal against the decision, as most caseworkers seem to get bogged down by which of these marriage is legal and which is not.

Thanks Obie... a paper appeal has been filed. Those guys even conveniently ignored a letter of attestation from the Ghana High commission in the UK, certifying all the docs(marriage certificate, statutory declaration etc.) as genuine and thus complying with the right procedures.

Perhaps you should have gone for oral to ensure things are explained properly to the judge.

[Quame]

I believe the best solution is to appeal against the decision, as most caseworkers seem to get bogged down by which of these marriage is legal and which is not.

Thanks Obie... a paper appeal has been filed. Those guys even conveniently ignored a letter of attestation from the Ghana High commission in the UK, certifying all the docs(marriage certificate, statutory declaration etc.) as genuine and thus complying with the right procedures.

Perhaps you should have gone for oral to ensure things are explained properly to the judge.

Yea perhaps. However, a solicitor friend of mine who's dealt with such case b4 on paper appeal and subsequently won elected to process ours so i hope this comes thro' as well.

I pray it turns out well. Cheers.

[askme]

any update with ur appeals?

[Quame]

any update with ur appeals?

Nope. I am yet to be given a date for the hearing/decision. How about yours?

[askme]

no date for appeal yet. but money taken out the account though.

[Alik8]

Just got my appeal date yesterday *ORAL* , dont know anything what to do next with appeal bundle.

[Obie]

The bundle contains the evidence you will be providing to the court to present your case. It must be sent 5 working days prior to your appeal hearing. It must contain evidence which will counteract the refusal.
It should be paginated and a copy should be sent to the court and the UKBA.

[Davmck70]

It will come out well. the only concern is the timing it takes for the judicial process to be completed as the HO now has a habit of throwing cases out to the judges via the appeal process.
I advice you package all evidences and more importantly make a visit to a hearing to experience it before your hearing date. This will help you to prepare well and understand the process. It is simple and straightforward. Any help needed, give us a shout.